Madhya Pradesh High Court
Ramesh Kahar vs The State Of Madhya Pradesh on 20 June, 2022
Author: Anjuli Palo
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRR No. 1505 of 2022
(RAMESH KAHAR Vs THE STATE OF MADHYA PRADESH)
Dated : 20-06-2022
Mr. Sandeep Kachchi, learned counsel for the applicant.
Mr. Pradeep Dwivedi, learned Panel Lawyer for the respondent/State.
Heard on the question of admission. The revision is admitted for
hearing.
Heard on I.A. No.6958/2022, an application for condonation of delay.
The appeal is barred by 1493 days. This appeal has been filed by the
accused against his conviction under Section 456 and 354 of the IPC. Hence,
for the reasons stated in the application and having heard learned counsel for
the appellant, this Court finds sufficient grounds have been made out and delay
has been explained satisfactorily. Accordingly, I.A. No.6958/2022 is allowed,
delay in filing the appeal is condoned.
Also heard on I.A. No.6957/2022, an application for suspension of
sentence.
By the impugned judgment dated 19.12.2017 passed in Criminal Appeal
No.83/2012 by learned 2nd Additional Sessions Judge, Itarsi the applicant has
been convicted for offences punishable under sections 456 and 354 of the
Indian Penal Code and sentenced to undergo R.I. for one year and six months,
respectively with fine of Rs.100/- for each offence with default stipulation.
Learned counsel for the applicant submitted that applicant is innocent and
has been falsely implicated in the crime in question. The courts below have not
properly appreciated the oral and documentary evidence on record. The
applicant is in custody and final disposal of this revision would take
considerable time. Therefore, sentence of the applicant be suspended.
Learned Panel Lawyer has opposed the prayer for suspension of
sentence.
Considering the over all facts and circumstances of the case, and
quantum of sentence imposed upon the applicant as well as custody period
already undergone by him and the fact that final disposal of this revision would
take considerable time, without commenting on merits of t h e case, the
application (I.A. No.6957/2022) is allowed.
It is directed that on depositing of fine amount, if already not deposited,
and if the applicant furnishes bail bond of Rs.40,000/- [Rupees Forty
Thousand only] with one solvent surety in the like amount to the satisfaction of
the trial Court concerned, the custodial sentence of applicant- Ramesh Kahar
shall remain suspended and he shall be released on bail.
T h e applicant shall appear before the trial Court concerned on
02.11.2022 and on all subsequent dates as may be fixed in this regard.
List the case for final hearing in due course.
(SMT. ANJULI PALO)
JUDGE
ks
Digitally signed by
KOUSHALENDRA SHARAN
SHUKLA
Date: 2022.06.20 05:46:53 -07'00'
